Working to Contract and Working to Rule

UCU dispute 2011

Working to contract and working to rule

Guidance for UCU branches and members

Starting on 10 October, 2011 the union is This is not straightforward. Academic contracts asking members to abide by the terms of are highly flexible and often vague. Local their contracts (including their obligation to agreements covering workload vary markedly. perform their duties in an efficient manner), but However, we have provided guidance in as to do no more than that; and in particular to: much detail as possible, as well as links to local contracts, agreements and policies below. l to work no more than their contracted hours where those hours are expressly General stated, and in any event not to exceed 1. What is the dispute about? the maximum number of hours per week The USS employers have imposed an stipulated in the Working Time Regulations inferior, two tier system which will see new starters receive much lower benefits; l to perform no additional voluntary duties, reduce protection of our pensions against such as out of hours cover, or covering for inflation and reduce the amount staff colleagues (unless such cover is contractu- receive if they are made redundant. ally required) The proposals have been opposed by l to undertake no duties in breach of health USS members in two referendums, and and safety policies or other significant by UCU members in two industrial action employer’s policies ballots, but the employers have insisted on imposing them without further negotia- l to set and mark no work beyond that work tion. which they are contractually obliged to set and/or mark The employers initially proposed to UCU that all staff should be placed on the in- l to attend no meetings where such atten- ferior 'career average' terms now to be dance is voluntary on the part of the offered to new starters. There is little member. doubt that unless we fight for our pen-

1 Working to contract and working to rule: guidance for members

sions now, they will seek to move existing If you are a member of UCU, you are USS members onto the inferior terms too expected to support the call to work to over the next few years. contract, and any other such future calls for action made by the union. UCU, like The objective of the action is to persuade other trade unions, does not allow any the employers to sit down with the union exemptions from the call to action. to and negotiate in good faith an agreement based on UCU’s counter-proposals, 4. On what mandate has the union called tabled earlier this year, or which compen- the action? sates USS members for any detriment. In a legal ballot covering all UCU members in the sixty-seven institutions, 78% 2. Why has the union chosen to work to of UCU members who voted supported contract? taking action short of a strike. The ballot Without our efforts universities would material said that if members voted for cease to function properly. As UCU’s action the union would put in place a pro- Leading Counsel observes, universities gramme of ‘sustained industrial action’ survive because staff do over and above which would definitely include action what is strictly required by their con- short of a strike consisting of a range of tracts. This often means working long actions including “refusing to work be- hours to get marking done; covering yond your contract; withdrawal of good teaching for other colleagues; performing will; boycotting of the external examina- administrative tasks beyond those they tions process; targeting admissions pro- were originally employed to do and many cedures including open days; boycotting other things that staff do to ensure their aspects of student assessment and exam- institutions run effectively. inations; boycotting research administra- tion; refusing to provide cover for absent The point of this action is to say to our colleagues; and weekend working.” employers: until such time as you will negotiate properly with us, we will not be As a member of UCU, you are therefore “going the extra mile”. During a consulta- expected to take part in the action. tion exercise, a substantial majority of branches and local associations asked 5. What action is the union asking its us to consider working to contract or members to take? working to rule. Starting on 10 October, 2011 the union is asking members to abide by the terms UCU will try this tactic first and will only of their contracts (including their obliga- move to further escalating action if the tion to perform their duties in an efficient employers either refuse to resume manner), but to do no more than that; negotiations or impose punitive and and in particular to: unfair deductions on members taking

part in the working to contract action. l to work no more than their contracted hours where those hours are expressly 3. To which UCU members does the action stated, and in any event not to exceed apply? the maximum number of hours per A list of the institutions covered by the week stipulated in the Working Time ballot is here: Regulations

www.ucu.org.uk/index.cfm?articleid= l to perform no additional voluntary 5736&from=5710 duties, such as out of hours cover, or

2 Working to contract and working to rule: guidance for members

covering for colleagues (unless such l Bring test cases on behalf of all mem- cover is contractually required) bers to recover any deductions made unlawfully.

l to undertake no duties in breach of health and safety policies or other In extreme cases where this escalation significant employer’s policies fails to persuade an employer not to make unfair deductions for working to

l to set and mark no work beyond that contract, members will be invited to seek work which they are contractually an international academic boycott of their obliged to set and/or mark institution by other staff.

l to attend no meetings where such 9. How long will the union give the "working attendance is voluntary on the part of to contract" action to bring the employers the member. back to the negotiating table? The vote for industrial action allows the 6. Is the union's “work to contract” action union to call further action if the employers based on legal advice? refuse to negotiate. In that case, the union Ye s. The union has drawn up these plans will halt the working to contract action in acting on the advice of Leading Counsel. order to organise rolling strike action within each institution with different groups of 7. Can I have my pay deducted when I staff taking turns to take action in order to participate in the UCU action? cause maximum disruption. If you are performing your normal duties but not undertaking activities over and If that in turn does not produce a break- above that, the employer has no justifica- through in the dispute, the union will tion for deducting your salary. UCU will consider more serious action short of a challenge any attempts to make deduc- strike, including a boycott of the Research tions from staff who are following the Excellence Framework, other internal work to contract. administrative processes, and of student assessment. 8. My employer seems to be taking a hard line. What happens if they ignore UCU's 10. Will students be affected by this working legal advice and threaten to deduct to contract action? monies from my salary? The union has chosen our action carefully It is true that university employers are far in order to minimise disruption to stu- more hard line than other public sector dents. Only where we are faced either employers such as schools and hospitals with a employers who refuses to negoti- with regard to making deductions for par- ate or one who implements an unfair, ticipating in action short of a strike. We draconian pay docking policy will the believe there is no justification for making union escalate to action which, regret- deductions from staff who are fulfilling tably, would have a high impact on stu- their normal duties but if the employers dents. seek to escalate the dispute in this way, the union will take the following steps: 11. Do I have to tell my employer that I am taking action?

l Halt the working to contract action and The working to contract action begins on bring forward with immediate effect 10 October. You should NOT tell your rotating departmental strikes. employer about your participation in this action BEFORE that date.

3 Working to contract and working to rule: guidance for members

Once the action has begun, if you are 14. What hours should I work if I have no asked in writing by an appropriate person contractual hours in my contract or any (Line manager, HR etc), you should an- local workload agreement? swer truthfully that you are participating You should undertake your normal con- as follows: tractual duties and work your normal hours but not take on additional duties. I confirm that I am participating in current If you are asked to take on additional du- industrial action organised by UCU, in the ties, seek advice from the union. How- form of “working to contract”. UCU ever, under no circumstances should you advises me that because I am fulfilling work more than the average 48 hours in all reasonable contractual duties, the any 7 day working time period laid down employer should not make any unautho- in the Working Time Regulations. rised deductions from my salary. 15. What do the Working Time Regulations 12. How can I let my colleagues know that I say? am taking part in the action? The Working Time Regulations provide a You can make sure everyone knows you right for workers to work no more than an are participating in the action to defend average of 48 hours in any 7 day working your pension by downloading a door or time period. Unless your contract does or desk poster here: could require you to work weekends, the http://defenduss.web.ucu.org.uk/files/ 7 day period does not include Saturday 2011/09/door-poster-bw3.pdf and Sunday, but a day is a 24 hour period so does include evenings. Surveys indi- Your local association will keep you up- cate that many academic and related dated with advice and news of the impact staff work substantially more than this. of the action. If you have a query they should be your first port of call. 16. Are university staff covered by the Working Time Regulations? Working hours Our legal advice from Leading Counsel 13. What are my contractual weekly hours? is that UCU members are covered by the Your contractual hours will be those Regulations and therefore that working expressed within your contract or within a within its limits is not a breach of con- collective agreement on workload between tract. Consequently, working to contract UCU and your employer. Not all staff have is consistent with your contractual obliga- clearly expressed contractual hours. tions as no employee can be required You can find out your contractual hours lawfully to work in excess of the WTR’s 48- position here: hour limit over a sustained period of time. http://defenduss.web.ucu.org.uk/ institution-policies/. 17. What should I do if, in any one week, I have not completed my normal contrac- In some cases, established hours can be tual duties within either my contractual derived from local workload collective hours or, if I do not have any, the 48 hour agreements. In that case, you should work limit set by the Working Time Regulations? no more hours than expressed in this If a particular task must be completed agreement. You can find out if we hold by a specific deadline in that week, you information on your local agreement here: should complete the task. However, if this http://defenduss.web.ucu.org.uk/ is not the case, you will not be acting in institution-policies/ breach of your contract if you stop working If we do not, please contact your branch. and resume the uncompleted task(s) in

4 Working to contract and working to rule: guidance for members

the following week. If your line manager you cannot fulfil all your contractual du- asks why other duties were not com- ties within the hours limit in your con- pleted you should inform them that you tract, or the WTR (if you do not have have been unable to complete the re- contractual hours or a workload agree- mainder of your normal duties within the ment or established practice) you should limits either of your contractual hours or make reference to your institution’s occu- the Working Time Regulations, and that pational stress or workload policies which you will resume them in the following will set out various duties upon the em- week. ployer to address heavy workloads.

It is important that all the tasks and func- If you have no contractual hours or local tions you normally carry out are dis- workload agreement, refer to the WTR. If charged. The work to rule does not mean your contract shows that you can be re- that duties should not be done – it is quired to work at weekends, then these simply a question of when you do them, weekend days also count for the pur- and not exceeding the maximum hours poses of the calculation of the average stipulated in your contract or in workload 48 working hours. That means that you agreements or established practice or, if should work no more than an average of there are no maximum hours, the WTR. 48 hours over 7 days.

If you believe you are being asked to work If you are asked to take on new duties in too many hours, that is to say if you find addition to your normal duties, which in- that you cannot fulfil all your contractual volve either evening or weekend working duties within the hours limit in your con- you should refuse citing the UCU working tract, or the WTR (if you do not have con- to contract action and pointing out your tractual hours or a workload agreement willingness to perform your normal con- or established practice) you should also tractual duties within reasonable weekly make reference to your institution’s occu- limits as set down either by your contract pational stress or workload policies which or the Working Time Regulations. will set out various duties upon the employer to address heavy workloads. 19. My contract says I must work ‘any reasonable hours to perform my duties’ – What 18. Should I work after hours or at week- action can I take? ends? Refer to your contract in the first instance. Even if your contract says this and there If your contract does not or could not is no local agreement that limits working require you work in the evenings or at hours, there is still a lot that you can do weekends you can refuse to work at under the work-to-contract. those times. Find out your contractual

position here: l If you have a departmental workload http://defenduss.web.ucu.org.uk/ management system or agreement institution-policies/ that regulates your working hours and the distribution of your duties, observe If your contract shows that you can be this strictly.

required to work weekends, you should l You should undertake your normal con- refer firstly to your contractual hours or tractual duties and work your normal any local workload agreement. If you be- customary hours but not take on addi- lieve you are being asked to work too tional duties. If you are asked to take many hours, that is to say if you find that on additional duties, or work extra

5 Working to contract and working to rule: guidance for members

hours to perform those duties, seek being taken of the additional workload in- advice from the union. Under no cir- volved? A manager’s right to ask you to cumstances should you work more undertake reasonable duties must be bal- than the average 48 hours in any 7 anced against an employee’s reasonable day working time period laid down in right to refuse if their contract does not the Working Time Regulations, even if make it explicit that they are expected to it is normally the case that you do so. perform a given duty.

l You should work-to-rule in relation to Some examples might be: being asked to your marking. Ta ke due care and con- sit on a committee that you do not nor- sideration when marking work, ensur- mally attend without account being taken ing that they are precisely meeting the of the extra workload involved; being guidelines both from the university it- asked to second mark on a course that self and from the QAA. Staff are often you do not normally second mark for, placed under pressure by their institu- again without account being taken of the tion to conclude their marking or sec- additional workload; being given extra ad- ond marking speedily in on order to ministrative responsibilities on top of ensure internal deadlines are met. your normal workload; being asked to However staff have a responsibility to teach on a subject that you we re not con- ensure that quality standards are tracted to teach. being maintained, even if this means deadlines have to slip. If you find your- Additional voluntary duties self falling behind, you should inform 21. Can I refuse to cover for absent your line manager that, in accordance colleagues? with your contract, you are fully com- Our legal advice is that unless it is plying with the University, department explicitly stated within your contract, and QAA guidance and will therefore you should refuse to cover for colleagues be unable to complete your marking or unless this is a clearly established second marking by the required dead- custom and practice. line. 22. Can I refuse to undertake duties

l You should attend no meetings where associated with my line manager if such attendance is voluntary on the they are absent? part of the member. Yes, unless it is explicitly stated within your contract that you will undertake

l Remember to ensure that you are duties associated with your line manager, working in a safe and healthy environ- you should refuse to do so citing the ment. UCU working to contract industrial action.

20. What might constitute ‘additional duties’? 23. Can I refuse to undertake cover work for Only you will know precisely what kinds of which I have no expertise or which is not duties fall outside your normal duties. In mentioned in my contract? determining whether something you are Yes. A recent Employment Appeals asked to do is an ‘additional duty’, our Tribunal case looked at whether someone legal advice is that you should ask your- who had been engaged as a lecturer in self whether you are being asked to ‘go Theatre Studies could be asked to under- the extra mile’. Ask yourself, have I been take teaching on an English course. It asked to do this previously? Was I con- found that “a management instruction tracted to do this? Is reasonable account [like this] to carry out duties which the

6 Working to contract and working to rule: guidance for members

Appellant was not contractually obliged to provide you with this information. Your to perform is unlikely to be reasonable.” institution will have a health and safety policy that lays out the responsibilities of 24. What freedom do management have to employees and various layers of manage- ask me to perform other duties which are ment for dealing with health and safety not expressly set out in my contract? issues. You can find your institution’s There is a general duty upon employees to policy here: be cooperative and you should continue to http://defenduss.web.ucu.org.uk/ be so. However, the EAT case mentioned institution-policies/ above states that “in our judgment whilst it may be necessary to imply a term of co-op- 27. What should I do if I do not have or eration to govern performance of contrac- have not seen a copy of a recent risk tual duties it cannot be relied upon in this assessment on my job? case to enlarge those duties.” You should request a copy of the risk assessment on your job and workspace. Health and safety Your institution has a legal duty to 25. What are my duties in relation to healthy provide you with a copy of this risk working? assessment document. This will probably You and your employer should be ensur- sit with your line manager or the univer- ing that you work safely on a daily basis. sity’s safety office. You should write to It’s worth being reminded however, of the your line manager or head of department duties on both employers and employees. in the first instance. Your legal duties as an employee include: 28. What should I do if I do NOT receive a

l taking reasonable care for your own copy of my risk assessment? health and safety and that of others If you do not receive a copy within two who may be affected by what you do weeks, you should complain to your line or don’t do manager in writing to the effect that you are concerned that no assessment has

l co-operating with your employer on been undertaken and that you do not health and safety wish to become complicit in your employer failing in a legal duty by working

l correctly using work items provided in a potentially unsafe environment. by your employer, including personal You can use the template text below: protective equipment, in accordance with training or instructions; and Dear xxxxxxxxx

l not interfering with or misusing As an employee of xxxxxxxxxx, I am aware anything provided for your health, that I have the following rights in relation safety or welfare. to Health and Safety regulations:

26. How do I know that I am working in a safe l as far as possible, to have any risks workplace? to my health and safety properly Every employer must have conducted a controlled risk assessment on your job and must

have recorded significant points. Regula- l to be provided, free of charge, with tion 10(1) of the Management of Health any personal protective and safety and Safety at Work Regulations 1999 equipment stipulates that your employer has a duty

7 Working to contract and working to rule: guidance for members

l to stop work and leave your work area, l to be provided, free of charge, with without being disciplined if I have any personal protective and safety reasonable concerns about my safety. equipment

www.direct.gov.uk/en/Employment/ l to stop work and leave your work area, HealthAndSafetyAtWork/DG_4016683 without being disciplined if I have reasonable concerns about my safety. I am concerned that my employer is not currently fulfilling its duties in respect of www.direct.gov.uk/en/Employment/Health these rights in the following ways______AndSafetyAtWork/DG_4016683 I am mindful of my duty to work safely and my right to stop work and leave my work I am concerned that my employer is not area. Unless my concerns are immediately currently fulfilling its duties in respect of dealt with, I will consult my union about these rights in the following ways______further steps. I am mindful of my duty to work safely and my right to stop work and leave my work 29. What if I do receive a copy of my risk area. Unless my concerns are immediately assessment? dealt with, I will consult my union about If you do receive a copy of your risk further steps. assessment, you should assess it, preferably in conjunction with your local 30. What should Health and Safety reps do to UCU Health and Safety Representative or help ensure that my workplace is safe? branch Health and Safety Officer. Identify

whether or not the risk assessment is l Write to the university’s Health and ‘suitable and sufficient’: have all hazards Safety office requesting in writing, been identified; is the assessed level of copies of all risk assessments risk appropriate; are the proposed control requested by members of staff for measures effective and operational; does which they have responsibility. the risk assessment need to be

reviewed? l Complain in every case where these are not provided, citing the legal duty If you and your safety reps are satisfied on the employer to maintain and that there are hazards in your workspace provide such records. that are not identified in the risk assess-

ment, you should immediately demand l Assess whether or not these are that another is conducted by a competent adequate risk assessment docu- person, stating that you are concerned ments, using our guidance here: about safety in your job using the follow- http://www.ucu.org.uk/hsfacts ing wording:

Dear xxxxxxxxx l Call for the establishment of a joint committee to monitor and control all As an employee of xxxxxxxxxx, I am aware risk assessments in the college/ that I have the following rights in relation university. to Health and Safety regulations: 31. Am I protected in my use of Display

l as far as possible, to have any risks Screen Equipment? to my health and safety properly As the HSE says, “Computer worksta- controlled tions or equipment can be associated with neck, shoulder, back or arm pain, as

8 Working to contract and working to rule: guidance for members

well as with fatigue and eyestrain. Sur- Every employer will have a DSE policy. veys have found that a high proportion of Find out more details about what your DSE workers report aches, pains or eye employer should be doing here: discomfort. These aches and pains are http://www.ucu.org.uk/media/pdf/6/h/ sometimes called upper limb disorders hse_vdu.pdf. (ULDs), which can include a range of medical conditions such as RSI. Most of You can find your institution’s DSE policy at: these conditions do not indicate any seri- http://defenduss.web.ucu.org.uk/ ous ill health, but it makes sense to institution-policies/ avoid them as far as possible. The Health and Safety (Display Screen Equipment) 33. How do I request an eye test, a risk Regulations 1992 aim to protect the assessment or other support from my health of people who work with DSE. The employer? Regulations were introduced because Your institution will have a specific policy DSE has become one of the most com- which will tell you how they propose to mon kinds of work equipment.” comply with the regulations and how you can request an assessment of your work UCU believes that most members fall station and access eye tests and other under the category of DSE users. That remedial actions and resources. Every means that they are covered by these member should make use of this policy. Health and Safety regulations. Your institution’s policy is here: http://defenduss.web.ucu.org.uk/ 32. Does my employer have to do ensure institution-policies/ that I am safely using Display Screen Equipment? 34. How can my employer help me avoid in- Yes. The Regulations do not contain de- juries at work through manual handling? tailed technical specifications or lists of Manual handling is one of the most com- approved equipment. Instead, they set mon causes of injury at work and causes more general objectives. Employers must: over a third of all workplace injuries which include work-related musculoskeletal dis-

l analyse workstations, and assess and orders (MSDs) such as upper and lower reduce risks. Employers need to look limb pain/disorders, joint and repetitive at the whole workstation including strain injuries of various kinds. equipment, furn iture, and the work environment; the job being done; and Your employer must abide by the Manual any special needs of individual staff Handling Operations Regulations 1992. These apply to a wide range of manual

l ensure workstations meet minimum handling activities, including lifting, requirements lowering, pushing, pulling or carrying.

l plan work so there are breaks or changes of activity The Regulations require employers to:

l on request arrange eye tests, and l avoid the need for hazardous manual provide spectacles if special ones are handling, so far as is reasonably prac- needed ticable

l provide health and safety training and l assess the risk of injury from any information. hazardous manual handling that can’t be avoided; and

9 Working to contract and working to rule: guidance for members

l reduce the risk of injury from activities are twisting the trunk; stooping; hazardous manual handling, so far reaching upwards or forwards from the as is reasonably practicable. trunk; considerable lifting and lowering distances and any combination of the Your employer will have a specific policy above movements. adapting these regulations for your workplace. Your employer has an obligation to It is then your employer’s responsibility to undertake manual handling risk assess- modify your work activities or workplace ments and ensure that employees to minimise these risks. receive manual handling training. Setting and marking work All employees covered by a risk assess- 36. How should I approach setting and mark- ment - including generic assessments ing of work? should be told about the risks it identi- Staff are often placed under pressure by fies, so you should ask for a copy of the their institution to conclude their marking manual handling risk assessment on your or second marking speedily in order to job and workspace. ensure internal deadlines are met.

Your institution will have a specific man- However staff have a responsibility to ual handling policy that will tell you more ensure that quality standards are being about your and your employer’s responsi- maintained, even if this means deadlines bilities, which you can access here: have to slip. http://defenduss.web.ucu.org.uk/ institution-policies/ Academic staff should therefore take due care and consideration when marking 35. What should I do if I think that I have work, ensuring that they are precisely identified hazardous handling activities? meeting the guidelines both from the university itself and from the QAA. Employees have duties too. They should: Second marking or blind marking should

l follow appropriate systems of work be undertaken with similar due care and laid down for their safety consideration, with staff again ensuring that they are precisely meeting the guide-

l make proper use of equipment lines both from the university itself and provided for their safety the QAA.

l co-operate with their employer on Under no circumstances should staff health and safety matters allow themselves to be rushed by their institution to the extent that they are

l inform the employer if they identify unable to fully meet the terms of both hazardous handling activities the university and the QAA guidelines.

l take care to ensure that their activities 37. What do I do if I fall behind with my mark- do not put others at risk. ing or second marking as a result of work- http://www.hse.gov.uk/pubns/indg143.pdf ing fully to the university’s and QAA’s guidelines? You should avoid and report any high risk You should inform your line manager that, activities in your working processes to in accordance with your contract, you are your management. Examples of high risk fully complying with the University, depart-

10 Working to contract and working to rule: guidance for members

ment and QAA guidance and will therefore to confirm in writing whether you require be unable to complete your marking or my attendance at [name of meeting].” second marking by the required deadline. 39. I am a Head of Department, Line Manager If staff within a department take a consis- or other senior academic/related role. tent approach to this, and submit similar How can I best support the action? messages to the line manager this will Many of the union’s strongest members have a substantial impact. are in senior roles. Senior staff can play an active role in the dispute by working to Where can I get further information about contract just like everyone else and also the the Quality Assurance Agency’s Code of as follows: Practice for the Assurance of Academic

Quality and Standards in Higher Education? l always referring a query from a UCU The Code of Practice recommends that member related to the dispute to sen- all institutions should have transparent ior managers before responding, and and fair mechanisms for marking and doing so in each individual case moderating marks and can be read here:

http://www.qaa.ac.uk/Publications/ l working within your own contract and InformationAndGuidance/Documents/ not acting up for other staff COP_AOS.pdf

l supporting staff who follow to the let- This may normally be determined in rela- ter the quality guidelines in place for tion to different programmes at depart- marking and second marking ment or faculty level, but you can find

your institution’s policies on marking and l if you are yourself instructed to in- assessment detailed here: struct staff to do something, follow the http://defenduss.web.ucu.org.uk/ instruction precisely – let the individ- institution-policies/ ual know but do not send a wider message until further instructed Non-attendance at voluntary meetings

38. How can I determine whether a meeting l boost morale in the department by is voluntary? making it clear to all that you are supporting the union’s work to If you are in doubt you should ask your contract action. head of department whether attendance is voluntary or mandatory. If they say you 40. I am hourly paid what should I do to must attend, ask them to put in writing support the action? direct to you and take it up with your Rep. When working to contract, hourly paid A written instruction to you does not staff should ensure that they work no count as a general instruction to all, so more hours than those for which they are other members should seek individual contracted and receive payment. Where confirmation that they are also required payment is comprehensive ie it includes to attend. You could write using the fol- an element of preparation/marking/ad- lowing formulation: ministrative time/holiday pay for every teaching hour it is important to know how “As you know, UCU members are currently much addition time is being paid. If this working to contract and this action in- is not clear from the contract and/or cludes non-attendance at voluntary meet- payslip then hourly paid staff should ings. Consequently, I am writing to ask you request from human resources an

11 Working to contract and working to rule: guidance for members

explanation of how their pay is calculated. written response setting out how they intend to address the overload. Where Once advised how many hours are being possible, quote from your University’s paid for every teaching hour, hourly paid occupational stress policy which staff will have the information they need management need to honour. to observe the working to contract action being called by UCU. 45. What should I do if my manager is away? If your work is dependent upon a man- 41. Can my line manager instruct me to do ager’s instruction you should wait until something which is outside my contract? you are instructed to perform duties If you are instructed to do something before beginning work. which you have not regularly done previously and you consider to be outside your If your manager is away and you send normal contractual duties, insist that the them a query about a work matter, do line manager puts the instruction in writ- not continue working on this matter ing to you. You may be able to rely on the until you have received a response. EAT decision mentioned above. Yo u should also seek advice from a UCU rep. 46. What should I do if management insist that I perform a task I believe to be 42. Should I undertake work which I have not outside my contract? been fully trained on? We need to use hit and run tactics and Under no circumstances should you oper- be the biggest pain in the backside to ate equipment upon which you have not management, without getting into trouble been properly trained and for which there as individuals. If management insist on has not been a recent risk assessment. you complying with an instruction, do not lay yourself open to disciplinary action. 43. Should I take lunch breaks and breaks Comply under duress, and raise a formal from working at my computer? grievance by speaking to your local rep. It Staff should always take lunch or alterna- is totally legitimate to raise a grievance tive breaks and breaks from working at against a decision that you disagree with your computer. You should ask your line and it will cause further disruption. Most manager to put it in writing to you if are importantly, if you have any doubts regard- told not to take a lunch break because ing the consequences of a particular you have too much work to do and raise course of action, contact a branch official- this with your UCU rep. for advice. We cannot guarantee an immediate answer in all cases, but we will get 44. Should I do work in my own time? an answe r as quickly as we are able to. The union’s advice is based on Leading Counsel’s opinion that you should “not 47. Where can I get help and more advice? going the extra mile” as part of this If you need any advice or have a query on action. Therefore while you should per- what you are being asked to do please form your normal duties if you cannot get contact your union rep immediately or them done either within your contractual email your query to: hours or the weekly hours specified by [email protected] and we the working time directive or finishing the will do our best to answer them. task is putting you under considerable stress you should inform management 48. What do I do if my manager puts me that you have too much work for a normal under undue pressure not to follow the working week and ask them for a formal, work to contract action?

12 Working to contract and working to rule: guidance for members

The action UCU members are taking is should join UCU immediately at perfectly legal. If you are put under undue www.ucu.org.uk/join. pressure or coercion by line managers to withdraw from the action, you should ask We strongly advise you to join UCU before the manager concerned to put their beginning any action. instructions in writing and tell UCU immediately. UCU will not hesitate to 50. I have been invited to an interview to launch collective grievances or institute discuss my participation in the action, further industrial action in support of what should I say and do? members who are bullied while taking If you are invited to attend an interview, part in lawful industrial action. ensure that you take a UCU representative with you. In the interview, which should 49. Can non-members take action? take place only between yourself and a UCU has not called upon non-members line manager with a UCU representative to take industrial action. However, nothing present, the manager instructs you to prevents them doing so as the action is complete a task you should agree to carry not a breach of contract. If you are a out the task. The instruction applies only non-member or know of non-members to you. that wish to take part in the action, they

UCU campaigns unit, UCU, Carlow Street, London NW1 7LH. Tel: 020 7756 2500. www.ucu.org.uk